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(2021) Law Today Live Doc. Id. 16445
Decided on: 31.08.2021
Present:
Mr. Vaibhav Sehgal, Advocate for the petitioner(s).
Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Harmesh Singh.
(Through Video Conferencing)
Indian Penal Code, 1860 (45 of 1860), Section 376-AB – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- POCSO matter -- Bail to juvenile -- Rape with minor – Victim was just 01 year and 09 months old -- 11 prosecution witnesses remain to be examined -- Prima facie, there are very serious allegations levelled against the petitioner, for which the Court is not inclined to extend the concession of bail to the petitioner -- However, since the petitioner has been in custody since 09th August, 2019, the Juvenile Board/trial Court concerned is directed to expedite the trial and conclude the same expeditiously, preferably, on or before 30th November, 2021.
(Para 2-4)
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MANJARI NEHRU KAUL, J. (ORAL) –
1. Instant revision petition has been preferred against the order dated 19.10.2019, passed by the learned Juvenile Justice Board, Ludhiana, vide which the bail application filed by the petitioner was declined, as well as the order dated 20.12.2019, vide which the order passed by the learned Juvenile Justice Board, Ludhiana, was upheld by the learned First Appellate Court, in case FIR No. 128, dated 29.08.2019, under Section 376-AB of IPC and Section 6 of the POCSO Act, registered at Police Station Sadar Ludhiana.
2. At the outset, learned State counsel has vehemently opposed the prayer made by learned counsel for the petitioner by urging that victim was just 01 year and 09 months old and the factum of she having been sexually assaulted stands fully corroborated from the medical evidence on record. Learned State counsel has further apprised the Court on instructions from ASI Harmesh Singh that only 11 prosecution witnesses remain to be examined, most of whom are formal witnesses, hence, the trial would not take much time to conclude.
3. Heard.
4. Prima facie, there are very serious allegations levelled against the petitioner, for which this Court is not inclined to extend the concession of bail to the petitioner. However, since the petitioner has been in custody since 09th August, 2019, the Juvenile Board/trial Court concerned is directed to expedite the trial and conclude the same expeditiously, preferably, on or before 30th November, 2021.
5. Petition stands dismissed accordingly.
Petition dismissed
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